Terms

Terms

Licensing Terms of PDFix, s.r.o.

Article I

Standard provisions

These Licensing Terms regulate the contractual relationship between the software provider and the licensee established by the License Agreement concluded in accordance with Section 40 et seq. of Act No. 618/2003 Coll., the Copyright Act in the wording of later regulations (hereinafter as the “Copyright Act”), and the contractual relationship established by the Technical Support Agreement concluded in accordance with the respective provisions of Act No. 40/1964, the Civil Code in the wording of subsequent regulations.

By installing PDFix SDK, the licensee accepts these Licensing Terms.

Article II

Definition of Standard Terms

Provider of PDFix SDK shall be the following business company:

Registered name: PDFix, s.r.o.

Registration: Business Register of the Bratislava I District Court, Section: Sro, file no. 112512/B

Interested party shall be a natural person or a legal entity interested in being granted a license.

Licensee shall be a natural person or a legal entity which has concluded a License Agreement with the Provider the subject matter of which is the grant of License to use PDFix SDK, and possibly also concluded a Technical Support Agreement. The Licensee is either the software end user or a developer.

End user shall be a natural person or a legal entity which has concluded a License Agreement with the Provider, the subject matter of which is the grant of License to use PDFix SDK for personal purposes.

Programmer shall be a natural person or a legal entity which has concluded a License Agreement with the Provider, the subject matter of which is the grant of License to use PDFix SDK for development and implementation in other software.

PDFix SDK shall be a software created by the Provider, which the Licensee is authorized to use within the scope and in the manner specified in these Licensing Terms depending on the type of the granted license. PDFix SDK consists of multiple modules and applications.

License Agreement shall be an agreement concluded by and between the Provider and the Licensee, the subject matter of which is the grant of License to the Licensee to use PDFix SDK in compliance with these Licensing Terms and the relevant legal regulations.

License shall be the right to use PDFix SDK granted to the Licensee by virtue of the License Agreement.

End user license shall be a License granted to an End user for personal needs.

Developer license shall be a license granted to a Programmer who will develop and implement the PDFix SDK into custom software.

Technical Support Agreement shall be an agreement concluded by and between the Provider and the Licensee, the subject matter of which is the provision of technical support when using PDFix SDK.

Content shall denote all audio recordings, visual recordings, audio-visual recordings, text, charts, software and other data which may be stored, created and used in connection to use of the service.

The Interested party may request a grant of License by filling-in a form at http://pdfix.net/licensing/. Based on the requirements of the Interested party specified in the form, the Provider selects a suitable type of License and prepares a price quotation specifying the license fee and other services related to the grant of the License. The Provider shall send the price quotation to the Interested party’s e-mail address specified in the form.

The price quotation is valid for 14 days from the date sent to the Interested party.

The Provider will allow the Licensee to download PDFix SDK after payment of the license fee. The free and trial versions of the software are available for download free of charge. By installing PDFix SDK, the agreement is deemed concluded. By concluding the License Agreement, the Licensee accepts these Licensing Terms.

The subject matter of the License Agreement is the grant of License to use PDFix SDK within the scope of the License granted for a payment. By virtue of the concluded License Agreement, the Provider grants to the Licensee a limited, non-transferable and non-exclusive License to use PDFix SDK in the manner and within the scope determined by the selected type of License, and the Licensee undertakes to pay the license fee throughout the period of the Agreement.

PDFix SDK can only be used on the basis of a License granted by the Provider under the terms and conditions specified in these Licensing Terms and within the scope of the paid license fee.

The grant of the License includes the Provider’s consent to use the work for personal needs or for its further development and implementation in custom software – depending on the granted type of License. The following is not included in the License: acquisition of PDFix SDK ownership by the Licensee, and acquisition of any property rights and other powers beyond the scope specified in these Licensing Terms.

Article IV

License Types

The party interested in concluding a License Agreement can select one of the offered License types.

The Provider offers four basic License types:

End User License

Free License

Trial License

Developer License

The End User License shall be a license granted to an End user for personal needs. On the basis of this License, the end user is authorized to use PDFix SDK exclusively for personal needs on his/her electronic devices.

The Free License is a license granted to the End user for personal use, this license is available for download free of charge at pdfix.net. On the basis of this license, the End user is authorized to use the freely downloadable software free of charge for an unlimited period of time.

The Trial License is a license granted to an End user for personal use to test PDFix SDK. On the basis of this license, the End user can use PDFix SDK free of charge for a period of 30 days from the date of installation. At the end of the 30-day period, the End user must uninstall and delete all copies of PDFix SDK. As part of this License, the End user is authorized to use the on-line applications available at pdfix.net whereby the results produced by the on-line applications will remain available for 30 days from the date of processing.

The Developer License is a license granted to Programmers for personal needs, for the personal needs of a certain number of End users to whom the License pertains, and for further development and implementation of PDFix SDK into custom software. PDFix SDK and other software created through the further development and implementation of PDFix SDK can be used by the Programmer and a certain number of End users depending on the type and scope of the granted License. The Programmer is also authorized to use PDFix SDK to develop custom software, implement it in another software, and distribute such software to a certain number of End users depending on the type and scope of the granted License. The description of the type and scope of the granted License can be found in the price quotation where the Provider also specifies whether the Programmer may use PDFix SDK in one or multiple projects. The Programmer is not authorized to change or otherwise modify the PDFix SDK source code. In cases where PDFix SDK is redistributed as part of a custom-made software, the Programmer is obliged to add to the new software also other files besides PDFix SDK.

Article V

PDFix SDK On-line Applications

Part of PDFix SDK are its applications available at pdfix.net. A description of the individual applications can be found at the said website.

Besides other things, the Provider makes available to the Licensee the following applications:

PDF to HTML

PDF Form to HTML Form

Serial number generator for the trial version

The PDF to HTML and PDF Form to HTML Form applications may be used by the Licensees on-line free of charge by selecting the file they wish to convert, entering their e-mail, and uploading the file to be converted. The Provider will send a link for download of the resulting HTML file to the specified e-mail address. The copy of the HTML and PDF files will be kept on the Provider’s server for 30 days.

The Serial number generator for the trial version can be used to generate a serial number for the trial version and free use of PDFix SDK for 30 days. After filling-in the form, the Licensee receives an e-mail with the serial number for the trial version.

Article VI

Technical Support

The Licensee is aware that the granted License to use PDFix SDK does not include any free Technical support.

The Provider provides technical support at a charge, the amount of which is specified in the price quotation.

The Technical Support Agreement shall be deemed concluded by payment of the fee for technical support in accordance with the terms and conditions specified in these Licensing Terms. The fee is deemed paid at the moment credited to the Provider’s bank account.

The Provider undertakes to start providing technical support to the Licensee as soon as the agreement is concluded.

The Technical Support shall include:

e-mail consulting with response time of 48 hours,

provision of source code samples,

option to report function errors in PDFix SDK.

The Technical Support Agreement is concluded for an indefinite period. The technical support fee is always due for a period of one year. If the fee for the next year is not paid, the Agreement will be terminated at the expiry of the pre-paid period.

The Technical Support Agreement is connected to the License Agreement, thus if the License Agreement ceases to exist, the Technical Support Agreement ceases to exist on the same date.

Prior to the expiry of the pre-paid term, the Agreement may also be terminated with the notice of either contracting party. The Provider shall be entitled to terminate the Agreement if the Licensee violates its obligations arising from the Technical Support Agreement or other relevant legal regulation. The Licensee shall be entitled to terminate the Agreement if the Provider violates its obligations arising from the Technical Support Agreement or other relevant legal regulation.

To be valid, the written notice of termination shall be delivered to the other contracting party. The Agreement shall be terminated on the calendar day following the day on which the other contracting party received the notice of termination.

If the Agreement is terminated before the lapse of the pre-paid period, either due to the cessation of the License Agreement or due to a termination, it will not be possible to return the fee paid for technical support.

Article VII

Terms of Payment

By signing the License Agreement, the Licensee becomes obliged to pay the license fee for the entire duration of the License Agreement. The license fee can either be paid at once or regularly every year. The amount of license fee is determined by the price quotation sent to the e-mail address of the Interested party.

With a one-off license fee, the Licensee undertakes to pay the full fee at once in the amount and within the term of payment specified in the price quotation. With annual License fees, the Licensee undertakes to pay the license fee every year within the agreed term of payment. The license fee for the next period is due on the date as of which the previous pre-paid term ends. If the Licensee fails to pay the license fee by the due date, the License Agreement shall be terminated on that date.

The Licensee may pay the license fee in one of the following ways:

by transfer to a bank account,

by payment using a payment portal.

The paid license fee cannot be returned, except in the case of withdrawal from the Agreement in compliance with these Licensing Terms.

If the Provider finds that the Licensee provided PDFix SDK to a third party or an End user not covered by the License or outside the scope of the granted License, the Licensee becomes obliged to pay a license fee for the use of PDFix SDK by such party.

Article VIII

Terms of Delivery

The Provider hereby undertakes to deliver PDFix SDK to the Licensee with the selected modules and applications within 7 days from payment of the License fee. The license fee is deemed paid at the moment credited to the Provider’s bank account.

The Provider shall make PDFix SDK available by sending a link to the Licensee which allows download of the software from the Provider’s website.

The modules and applications included with the free and trial licenses are available for download at pdfix.net.

Article IX

Rights and Obligations of the Contracting Parties

The Licensee is obliged to use PDFix SDK in accordance with these Licensing Terms and the valid legislation. The Licensee is not entitled to use PDFix SDK in a manner contrary to these Licensing Terms or the law, which undermines these Licensing Terms or the law, or which contradicts good morals.

The Licensee is obliged:

to proceed so as not to allow the unauthorized use of PDFix SDK by any third parties and it shall adopt all measures to prevent the abuse of PDFix SDK, otherwise it shall be liable for any damage suffered by the Provider,

prior to starting to use PDFix SDK, the Licensee shall become acquainted with all its features,

to immediately inform the Provider of any suspicion of unauthorized use of PDFix SDK or any of the modules or applications,

following the termination of the License Agreement, the Licensee shall uninstall PDFix SDK from all electronic devices and delete all backup copies.

The Licensee shall not be entitled to:

make any changes to PDFix SDK, decode or use the obtained code or database or parts thereof independently or in connection to other programs, analyse, decompile or reverse engineer the software,

allow any third parties to use PDFix SDK for payment or otherwise; this shall not apply to the End users to whom the granted License applies,

provide PDFix SDK to any third parties to copy.

The Licensee, as the End user, is authorized to use PDFix SDK exclusively for personal needs on his/her electronic devices. The End user is not authorized to use PDFix SDK other than for own needs, in particular he/she shall not be authorized to publish, disseminate, copy or use PDFix SDK in a manner contrary to these Licensing Terms or the law, which undermines these Licensing Terms or the law, which contradicts good morals, or which could be detrimental to the Provider or any third party.

The Licensee, who is a Programmer, is entitled to use PDFix SDK for personal needs, for the personal needs of a certain number of End users to whom the license pertains, and for the further development and implementation of PDFix SDK into custom software. PDFix SDK and other software created through the further development and implementation of PDFix SDK can be used by the Programmer and a certain number of End users, depending on the type and scope of granted License. The Programmer is also authorized to use PDFix SDK to develop custom software, implement it in another software, and distribute such software to a certain number of End users, depending on the type and scope of the granted License. The Programmer is not authorized to change or otherwise modify the PDFix SDK source code. In cases where PDFix SDK is redistributed as part of custom-made software, the Programmer is obliged to add to the new software also other files besides PDFix SDK.

The Licensee, who is a Programmer, undertakes to keep full, clear and comprehensible records with regard to his/her use of PDFix SDK, its development and implementation in other software, and if necessary, upon request provide or make the same available to the Provider. The Provider shall have the right to check such records by itself of using a third party. The Licensee is obliged to provide or make the records available to the Provider within 30 days from the receipt of a written request.

The License granted to the Licensee is limited in that the Licensee shall not be entitled to modify, copy, improve, translate or otherwise use PDFix SDK outside the scope of the granted License, and also he/she shall not be entitled to decode, copy, change or otherwise use the PDFix SDK source code.

Article X

Use of the Work

PDFix SDK can only be used by the Licensee and the End user to whom the License granted to the Licensee pertains.

The Licensee and the End user are obliged to use PDFix SDK in accordance with these Licensing Terms and the valid legislation.

The Licensee is aware that PDFix SDK including all its parts, modules, applications and source code are subject to trade secret. The Licensee is obliged to maintain secrecy with regard to all information pertaining to PDFix SDK.

The Licensee undertakes not to use PDFix SDK in a manner which could endanger or violate the rights and legally protected interests of the Provider and any third parties.

The Licensee undertakes to compensate all damage suffered by the Provider or a third party in connection to his/her use of PDFix SDK contrary to the Licensing Terms, the law or good morals.

The Licensee shall proceed to prevent unauthorized use of PDFix SDK, otherwise he/she shall be responsible for the damage thereby caused to the Provider.

The Licensee acknowledges that the Provider shall not be liable for any damage arising from the use of PDFix SDK or in connection therewith.

The Provider shall not be liable for any loss, abuse, destruction or any other modification of the Licensee’s contents.

The Provider makes available to the Licensee some applications which are part of PDFix SDK on-line through pdfix.net. The Licensee acknowledges that due to a service update, repair, maintenance or events of Force Majeure, the service may be temporarily unavailable. The Provider is not responsible for any temporary service outages nor any loss of the Licensee’s data.

The Provider does not guarantee that PDFix SDK including its modules and applications will be free from errors, constantly available, and will meet all the Licensee’s requirements. The Provider also does not guarantee that the application will be available without any interruptions and always up-to-date, secure and free from errors.

The Licensee shall bear all risks related to the use of PDFix SDK. The Provider bears no responsibility for any damage suffered by the Licensee, the End user or another party as a consequence of using PDFix SDK or in connection therewith.

The Provider’s liability for defects as stipulated by the Technical Support Agreement and the terms of filing complaints is specified in the Complaints Code of Practice.

Article XII

Copyright

In accordance with Act No. 618/2003 the Copyright Act, PDFix SDK is the Provider’s copyrighted work, and with regard to the same the Provider exercises all individual and property rights of an author.

PDFix SDK is only available to Licensees who have been granted a License by virtue of a License Agreement concluded with the Provider.

By granting the License, the Licensee is given the right to use the copyrighted work (PDFix SDK) within the scope of the granted License. By being granted the License, the Licensee does not acquire any title, property or any other rights pertaining to the copyrighted work other than the rights granted by the License. The Licensee does not acquire the right to publish, disseminate, copy or use the copyrighted work in a manner which could be detrimental to the Provider or any third parties.

Any use of the work outside the scope stipulated by the granted License, in particular creating reproductions, public dissemination, processing, translation and adaptation, public displays, execution or transfer without the prior author’s consent shall be prohibited. By signing the License Agreement, the author gives its consent to use the work within the scope of the granted License.

The content published at pdfix.net by the Provider is also protected by the Copyright Act. The content of the website is freely accessible to users who can use it solely for their private purposes. Any use of the work, in particular creating reproductions, public dissemination, processing, translation and adaptation, public displays, execution or transfer shall be approved by the Provider in advance. Any use of the work for purposes other than those specified herein shall be prohibited without the prior written consent of the Provider.

Article XIII

Term of the Agreement

The License Agreement has been concluded for an indefinite period. The granted License shall be automatically extended by payment of the license fee for the next term.

The License Agreement shall cease to exist by the lapse of the time period for which the License was granted, unless the license fee for the next term is paid.

The License Agreement may be terminated before the lapse of the period for which the License was granted only following a notice of termination submitted by either contracting party. The Provider is entitled to terminate the Agreement, if:

the Licensee violated these Licensing Terms, the Copyright Act or another relevant legal regulation,

the Licensee uses PDFix SDK contrary to these Licensing Terms,

the Licensee has injured the rights or legally protected interests of the Provider or a third party,

the Licensee allowed an unauthorized party to use PDFix SDK,

the Licensee harms the Provider’s reputation.

The Licensee is entitled to terminate the License Agreement if the Provider violated these Licensing Terms or another relevant legal regulation.

To be valid, the written notice of termination shall be delivered to the other contracting party. The License Agreement shall be terminated on the calendar day following the day on which the other contracting party received the notice of termination.

If the agreement is terminated before the expiry of the period for which the License was granted, the Licensee will not be entitled to claim back the aliquot portion of the paid License fee.

Upon termination of the License Agreement, the Licensee’s right to use PDFix SDK shall expire. Immediately following the termination of the License Agreement, the Licensee shall uninstall PDFix SDK from all electronic devices and delete all copies of the software.

Article XIV

Amendment of the License Agreement

The Provider reserves the right to change, modify, add or remove any of the provisions of these Licensing Terms at any time.

The Provider reserves the right to change the amount of the license fee at any time during the term of the License Agreement. The change of the license fee shall not relate to any previously pre-paid periods.

The Licensee shall be informed of the change of the Licensing Terms and the amount of the license fee by e-mail at least 14 days prior to such change taking effect.

If the Licensee does not approve of the change of the Licensing Terms, he/she shall, within 10 days from the receipt of the change notification, terminate the License Agreement by sending a written notice to the Provider by e-mail. If the Licensee doesn’t terminate the License Agreement within the said period, it shall be deemed he/she approves of the changes without any reservations, regardless of whether he/she did or did not become familiar with the changed terms.

Any change or amendment of these Licensing Terms become valid and effective when published at pdfix.net.

Article XV

Withdrawal from the Contract

The Licensee’s withdrawal from the License Agreement, where he/she acts as a consumer, shall be governed by the respective provisions of Act No. 102/2014 Coll. on Protection in sales of goods or provision of services by virtue of a remotely concluded contract or a contract concluded outside the business premises of the seller. The consumer is entitled to withdraw from a remotely concluded contract or a contract concluded outside the business premises of the seller within 14 days from the signing of the contract.

The time period for withdrawal from the License Agreement begins to lapse from the date of signing the License Agreement or the Technical Support Agreement.

The consumer may exercise the right to withdraw from the contract with the seller in writing, by e-mailing info@pdfix.net or mailing a letter to the Provider’s registered office. The consumer may also use the contract withdrawal form.

The term for contract withdrawal shall be deemed observed if the notice of contract withdrawal was sent to the seller on the last day of the said period at the latest.

In accordance with Section 7 (6), paragraph a) and l) of Act No. 102/2014 Coll., the consumer may not withdraw from the contract if its subject matter is:

provision of services, the provision of which commenced with the explicit consent of the consumer and the consumer confirmed that he/she was duly notified that by giving this consent he/she waives the right to withdraw from the contract after the service was provided in full, and if the service was provided in full,

provision of electronic contents on other than physical media, if it was provided following the explicit consent of the consumer where the consumer confirmed that he/she was duly informed that by giving such consent he/she waives the right to withdraw from the contract.

In the case of contract withdrawal, the Provider is obliged without an undue delay, however, at the latest within 14 days from the delivery of the notice of withdrawal, to return to the consumer all payments received from him/her by virtue of the contract or in connection therewith, including the cost of transport, delivery, postage and other fees and charges.

Article XVI

Dispute Resolution

The contracting parties have agreed that the contractual relationship between the Provider and the manager and the legal relationship between the Provider and the user, as well as any thereto related legal relationships, will be governed by the laws of the Slovak Republic.

The contracting parties have agreed that any and all disputes shall be settled by the courts of the Slovak Republic.

In the case of a dispute between a user (consumer) and the Provider, the consumer has the right to ask the Provider for a remedy if he/she is not satisfied with the manner of complaint processing, or if he/she considers that the Provider has violated his/her rights. The request for a remedy can be e-mailed to info@pdfix.net. If the Provider’s reply to the request is negative or does not reply at all within 30 days from the date the request was sent, the consumer becomes entitled to request the commencement of an alternative dispute resolution using an alternative dispute resolution body.

The consumer may submit a proposal to start an alternative dispute resolution to the respective body of alternative dispute resolution – a legal entity registered in the registry kept by the Ministry of Interior of the SR, or the Slovak Trade Inspection Office (soi.sk).

The consumer may also file a complaint using the alternative dispute resolution platform RSO operated by the EU. The complaint may be submitted by filling-in the form at http://ec.europa.eu/consumers/odr/index_en.htm. The consumer has the right to select any of the alternative dispute resolution bodies.

Only the consumer may demand that a dispute be resolved by one of the alternative dispute resolution bodies. A consumer is a natural person who in concluding and performing a consumer contract does not carry out obligations related to its business objects, profession or employment.

In cases stipulated by the law (e.g. if the anticipated value of the dispute does not exceed €20 or if the consumer files the complaint later than one year from the receipt of a negative response of the seller or from the vain expiry of the 30-day time limit for replying to a request) the alternative dispute resolution body may refuse to process the dispute.

Alternative dispute resolution is normally free of charge. The alternative dispute resolution body may request from the consumer a fee of max. €5 for starting an alternative dispute resolution.

In the process of alternative dispute resolution, the alternative dispute resolution body proceeds so as to resolve the dispute as quickly as possible, without unnecessary delays, in a cost-effective manner, and without unnecessarily and inappropriately disrupting the business of the parties to the dispute or other parties; if possible, it shall communicate mainly by phone and electronic means.

The alternative dispute resolution body shall end the alternative dispute resolution within 90 days from its commencement. In particularly complicated cases, the alternative dispute resolution body may extend (even repeatedly) the deadline specified in the first sentence by 30 days. The alternative dispute resolution body is obliged to immediately inform the parties to the dispute of each extension of the deadline made pursuant to the second sentence specifying the reasons.

If the parties to the dispute cannot reach an agreement, and based on the facts discovered in the process of alternative dispute resolution the alternative dispute resolution body reaches a justified conclusion that the seller violated the consumer’s rights stipulated in the regulations on protection of consumer rights, the alternative dispute resolution will end by issuing a non-binding justified standpoint.

Article XVII

Personal Data Protection

The Provider processes the personal data of Data subjects in accordance with Act No. 122/2013 Coll. on Personal data protection as amended.

In accordance with Section 15 (1) of this Act, the information about processing of personal data is available under Personal data protection.

Article XVIII

Final Provisions

Should any of the provisions of the License Agreement be or become invalid or ineffective, this shall not cause the entire agreement to become invalid or ineffective.

The relations, rights and obligations of the contracting parties not regulated by this License Agreement shall be governed by the provisions of the Copyright Act and other relevant legal regulations.

These Licensing Terms have been prepared by the lawyer’s office Lanikova Group, s.r.o. for the Provider and are protected by Act No. 618/2003 Coll., the Copyright law in the wording of subsequent regulations. It shall be prohibited to use this copyrighted work without the author’s consent in any way, in particular to copy, publish, modify, edit, expand or otherwise misuse.